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AN ACT Relating to resale certificates for units in common 1
interest communities; and amending RCW 64.90.640. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 64.90.640 and 2024 c 321 s 329 are each amended to 4
read as follows: 5
(1) Except in the case of a sale when delivery of a public 6
offering statement is required, or unless exempt under RCW 7
64.90.600(2), a unit owner must furnish to a purchaser before 8
execution of any contract for sale of a unit, or otherwise before 9
conveyance, a resale certificate, signed by an officer or authorized 10
agent of the association and based on the books and records of the 11
association and the actual knowledge of the person signing the 12
certificate, containing all of the following and the statement "NONE" 13
or "RECORDS UNAVAILABLE" for each category of records that is not 14
provided: 15
(a) A statement disclosing any right of first refusal or other 16
restraint on the free alienability of the unit contained in the 17
declaration; 18
(b) With respect to the selling unit owner's unit, a statement 19
setting forth the amount of any assessment currently due, any 20
H-0497.1
HOUSE BILL 1500
State of Washington 69th Legislature 2025 Regular Session
By Representatives Reed, Entenman, Gregerson, Peterson, Fosse,
Farivar, Doglio, Alvarado, Hill, Berry, Simmons, Ormsby, and Macri
Read first time 01/22/25. Referred to Committee on Housing.
p. 1 HB 1500
delinquent assessments, and a statement of any special assessments 1
that have been levied and have not been paid even though not yet due;2
(c) A statement, which must be current to within 45 days, of any 3
assessments against any unit in the condominium that are past due 4
over 30 days; 5
(d) A statement, which must be current to within 45 days, of any 6
monetary obligation of the association that is past due over 30 days;7
(e) A statement of any other fees payable to the association by 8
unit owners; 9
(f) A statement of any expenditure or anticipated repair or 10
replacement cost reasonably anticipated to be in excess of five 11
percent of the board-approved annual budget of the association, 12
regardless of whether the unit owners are entitled to approve such 13
cost; 14
(g) A statement whether the association does or does not have a 15
reserve study prepared in accordance with RCW 64.90.545 and 16
64.90.550; 17
(h) The annual financial statement of the association, including 18
the ((audit report if it has been prepared, for the year immediately 19
preceding the current year )) most recent final financial audit report 20
available and the current draft of a more recent report if available;21
(i) The most recent balance sheet and revenue and expense 22
statement, if any, of the association; 23
(j) The current operating budget of the association;24
(k) A statement of any unsatisfied judgments against the 25
association and the status of any legal actions in which the 26
association is a party or a claimant as defined in RCW 64.50.010;27
(l) A statement describing any insurance coverage carried by the 28
association and contact information for the association's insurance 29
broker or agent; 30
(m) A statement as to whether the board has given or received 31
notice in a record that any existing uses, occupancies, alterations, 32
or improvements in or to the seller's unit or to the limited common 33
elements allocated to the unit violate any provision of the governing 34
documents; 35
(n) A statement of the number of units, if any, still owned by 36
the declarant, whether the declarant has transferred control of the 37
association to the unit owners, and the date of such transfer;38
(o) A statement as to whether the board has received notice in a 39
record from a governmental agency of any violation of environmental, 40
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health, or building codes with respect to the seller's unit, the 1
limited common elements allocated to that unit, or any other portion 2
of the common interest community that has not been cured;3
(p) A statement of the remaining term of any leasehold estate 4
affecting the common interest community and the provisions governing 5
any extension or renewal of the leasehold estate; 6
(q) A statement of any restrictions in the declaration affecting 7
the amount that may be received by a unit owner upon sale;8
(r) In a cooperative, an accountant's statement, if any was 9
prepared, as to the deductibility for federal income tax purposes by 10
the unit owner of real estate taxes and interest paid by the 11
association; 12
(s) A statement describing any pending sale or encumbrance of 13
common elements; 14
(t) A statement disclosing the effect on the unit to be conveyed 15
of any restriction on the right to use or occupy the unit, including 16
a restriction on a lease or other rental of the unit;17
(u) A copy of the declaration, the organizational documents, the 18
rules or regulations of the association, all policies, procedures, 19
and resolutions approved by the board that are currently in effect, 20
the minutes of board meetings and association meetings, except for 21
any information exempt from disclosure under RCW 64.90.495(3), for 22
the last 12 months, ((a summary of )) the most current final reserve 23
study for the association, the most recent draft of a newer reserve 24
study if available, and any other information reasonably requested by 25
mortgagees of prospective purchasers of units. Information requested 26
generally by the federal national mortgage association, the federal 27
home loan bank board, the government national mortgage association, 28
the veterans administration, or the department of housing and urban 29
development is deemed reasonable if the information is reasonably 30
available to the association; 31
(v) A statement whether the units or common elements of the 32
common interest community are covered by a qualified warranty under 33
chapter 64.35 RCW and, if so, a history of claims known to the 34
association as having been made under any such warranty;35
(w) A description of any age-related occupancy restrictions 36
affecting the common interest community; 37
(x) A statement describing any requirements related to electric 38
vehicle charging stations located in the unit or the limited common 39
elements allocated to the unit, including application status, 40
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insurance information, maintenance responsibilities, and any 1
associated costs; 2
(y) If the association does not have a reserve study that has 3
been prepared in accordance with RCW 64.90.545 and 64.90.550 or its 4
governing documents, the following disclosure: 5
"This association does not have a current reserve study. The lack 6
of a current reserve study poses certain risks to you, the purchaser. 7
Insufficient reserves may, under some circumstances, require you to 8
pay on demand as a special assessment your share of common expenses 9
for the cost of major maintenance, repair, or replacement of a common 10
element."; and 11
(z) The resale certificate must include a notice in substantially 12
the following form and in conspicuous type: 13
"THIS UNIT IS LOCATED WITHIN A COMMON INTEREST COMMUNITY 14
AND IS SUBJECT TO THE DECLARATION, BYLAWS, RULES, AND 15
OTHER WRITTEN INSTRUMENTS GRANTING AUTHORITY TO THE 16
ASSOCIATION AS ADOPTED (THE "GOVERNING DOCUMENTS").17
THE PURCHASER OF THIS UNIT WILL BE REQUIRED TO BE A 18
MEMBER OF THE ASSOCIATION AND WILL BE SUBJECT TO THE 19
GOVERNING DOCUMENTS. 20
THE GOVERNING DOCUMENTS WILL IMPOSE FINANCIAL OBLIGATIONS 21
UPON THE OWNER OF THE UNIT, INCLUDING AN OBLIGATION TO 22
PAY ASSESSMENTS TO THE ASSOCIATION WHICH MAY INCLUDE 23
REGULAR AND SPECIAL ASSESSMENTS, FINES, FEES, INTEREST, 24
LATE CHARGES, AND COSTS OF COLLECTION, INCLUDING 25
REASONABLE ATTORNEYS' FEES. 26
THE ASSOCIATION HAS A STATUTORY LIEN ON EACH INDIVIDUAL 27
UNIT FOR ANY UNPAID ASSESSMENT FROM THE TIME IT IS DUE. 28
FAILURE TO PAY ASSESSMENTS COULD RESULT IN THE FILING OF 29
A LIEN ON THE UNIT AND LOSS OF THE UNIT THROUGH 30
FORECLOSURE. 31
THE GOVERNING DOCUMENTS MAY PROHIBIT OWNERS FROM MAKING 32
CHANGES TO THE UNIT WITHOUT REVIEW AND THE APPROVAL OF 33
THE ASSOCIATION, AND MAY ALSO IMPOSE RESTRICTIONS ON THE 34
USE OF (([THE])) THE UNIT, DISPLAY OF SIGNS, CERTAIN 35
BEHAVIORS, AND OTHER ITEMS. 36
PURCHASERS OF THIS UNIT SHOULD CAREFULLY REVIEW THE 37
FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION, THE 38
CURRENT STATE OF THE ASSOCIATION'S FINANCES, THE CURRENT 39
RESERVE STUDY, IF ANY, THE GOVERNING DOCUMENTS, AND THE 40
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OTHER INFORMATION AVAILABLE IN THE RESALE CERTIFICATE. 1
THE GOVERNING DOCUMENTS CONTAIN IMPORTANT INFORMATION AND 2
CREATE BINDING LEGAL OBLIGATIONS. YOU SHOULD CONSIDER 3
SEEKING THE ASSISTANCE OF LEGAL COUNSEL." 4
(2)(a) The association, within 10 days after a request by a unit 5
owner, and subject to the payment of any fees imposed pursuant to RCW 6
64.90.405(2)(m), must furnish a resale certificate signed by an 7
officer or authorized agent of the association and containing the 8
information necessary to enable the unit owner to comply with this 9
section. 10
(b) For the purposes of this chapter, a reasonable charge to the 11
owner for the preparation of a resale certificate may not exceed 12
$275, covering the direct out-of-pocket cost of copying and providing 13
such information, and may not include any additional charges for 14
providing documents that are maintained in electronic form on a 15
website, web portal, or application available to unit owners. 16
However, an association may charge an additional $100 for a rush 17
service that must be completed within 72 hours of submission of a 18
resale certificate request . The association may also charge a unit 19
owner a nominal fee not to exceed $100 for updating a resale 20
certificate within six months of the unit owner's previous resale 21
certificate request. 22
(c) An association may not require a unit owner to contract with 23
or establish an account with a third party in order to provide 24
payment for or accept delivery of a resale certificate required to be 25
furnished under (a) of this subsection.26
(d) Fees for copying and providing documents required by this 27
section must be distinguished from, separately stated from, and 28
separately billed from, all other fees, fines, or assessments.29
(e) A unit owner is not liable to the purchaser for any erroneous 30
information provided by the association and included in the 31
certificate. 32
(3) A unit owner possessing current copies in electronic form of 33
any documents specified by this section must provide them to a 34
purchaser via electronic transmission at no cost.35
(4)(a) A purchaser is not liable for any of the following:36
(i) Any unpaid assessment or fee greater than the amount set 37
forth in the certificate prepared by the association; and38
(ii) Any violation of the governing documents created by any 39
alteration to a unit that, in the exercise of reasonable diligence, 40
p. 5 HB 1500
should have been known to the association or its authorized agent at 1
the time of conveyance, but was not identified in the resale 2
certificate. 3
(b) ((A unit owner is not liable to a purchaser for the failure 4
or delay of the association to provide the certificate in a timely 5
manner, but the purchase contract is voidable by the purchaser until 6
the certificate has been provided and for five days thereafter or 7
until conveyance, whichever occurs first. )) The purchaser may cancel 8
a contract for the purchase of the unit within five days after first 9
receiving the resale certificate. If the resale certificate is first 10
provided to a purchaser more than five days before execution of a 11
contract for the purchase of a unit, the purchaser does not have the 12
right under this section to cancel the executed contract. If the 13
resale certificate is first provided to a purchaser five days or less 14
before the purchaser signs a contract for the purchase of a unit, the 15
purchaser, before conveyance of the unit to the purchaser, may cancel 16
the contract by delivering, no later than the fifth day after first 17
receiving the resale certificate, a notice of cancellation to the 18
seller. If the resale certificate is first provided to a purchaser 19
less than five days before the closing date for the conveyance of 20
that unit, the purchaser may, before conveyance of the unit to the 21
purchaser, extend the closing date to a date not more than five days 22
after the purchaser first received the resale certificate.23
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